Get NY Criminal Procedure Law Section 30.30 (1) Manual 2013

A CPL 30.30 motion is a speedy trial motion. In a felony case, the people must announce and be ready for trial with in 6 months of indictment (183 days). In a misdemeanor case they have 90 days and in a violation 30 days.

A 730 evaluation is a court appointed expert's assessment A 730 evaluator is the Court's appointed expert and is not hired by either party. Therefore, a court ordered 730 evaluation is intended to be an unbiased, objective evaluation of facts or a matter for which an expert opinion will help the Court.

Speedy Trial in New York State. The right to a speedy trial is one of the most commonly known rights. Provided by the sixth amendment to the United States Constitution, this right protects criminal defendants from an infinite delay of prosecution.

Speedy Trial Time Limits In many jurisdictions, the prosecution generally has 60 to 120 days to bring an imprisoned defendant to trial unless the defendant waives the right to a speedy trial. The time period is generally longer for a defendant out of custody.

While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial" The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of ...

If you are being held in custody on a misdemeanor charge, you are entitled to a trial date no later than 30 days following the date you were arraigned or entered a plea, whichever is later. If you are not being held in custody, the court must set trial within 45 days following your arraignment or plea.

Consequences. If a convicted defendant can establish a violation of the constitutional right to a speedy trial, the court must set aside the conviction, vacate the sentence, and dismiss the charging document. ... If the case hasn't yet gone to trial, the court must generally dismiss the charges.

Speedy Trial Act. The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, 18 U.S.C. ǧ 3161 3174), establishes time limits for completing the various stages of a federal criminal prosecution.

In general, though, a speedy trial is one that occurs as soon as reasonably possible, subject to qualifications. In one murder case, for example, a federal appeals court upheld the finding that a 16-month delay between arrest and trial didn't violate the Sixth Amendment speedy-trial right.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial" The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of ...

Speedy Trial Time Limits In many jurisdictions, the prosecution generally has 60 to 120 days to bring an imprisoned defendant to trial unless the defendant waives the right to a speedy trial. The time period is generally longer for a defendant out of custody.

The Speedy Trial Act of 1974 was designed to regulate the time in which a trial is to begin, to ensure that criminal prosecutions are not unduly delayed. Generally, the Act requires a trial to begin within 70 days of the filing of information or an indictment or the initial appearance of the defendant.

Speedy Trial Time Limits In many jurisdictions, the prosecution generally has 60 to 120 days to bring an imprisoned defendant to trial unless the defendant waives the right to a speedy trial. The time period is generally longer for a defendant out of custody.

Texas case law states that a delay of eight months or more from being accused until trial is sufficient to meet that threshold. Once eight months has elapsed, a reviewing court is forced to conduct the balancing test formulated in Barker.